Legal Opinion
In re Marcus B.
Appellate Division of the Supreme Court of the State of New York
Decided March 22, 2012PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Catterson, J.
In this case arising from the adjudication of a petition for juvenile delinquency, the declaration of a mistrial due to the presiding judge’s transfer from Family Court to Civil Court was a matter of administrative convenience rather than “manifest necessity.” Therefore, the commencement of a new fact-finding hearing violated the appellant’s constitutional protection from double jeopardy.
The record reflects that on November 6, 2009, at 5:00 p.m., the appellant was apprehended and arrested for carrying what several detectives allegedly observed was a black…
2Cases cited14 opinions
- Breed v. JonesSupreme Court of the United States · 1975
- Menna v. New YorkSupreme Court of the United States · 1975
- People v. MichaelNew York Court of Appeals · 1979
- People v. FergusonNew York Court of Appeals · 1986
- People v. PrescottNew York Court of Appeals · 1985
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3Cited by1 opinion
- Matter of Richard R.Appellate Division of the Supreme Court of the State of New York · 2014